SEVENTH CIRCUIT BRIEF FILING CHECKLIST

1 SEVENTH CIRCUIT BRIEF FILING CHECKLISTNOTE: Items 1-2 are in Monospaced type and items 3-30 are inProportional docketing fee, if applicable, must be paid. Cir. (b).2. Lead counsel must be admitted to practice before the SeventhCircuit within thirty days of docketing. See Cir. R. 46. Attorneysfor any federal, state or local government office or agency mayappear in connection with their official duties without beingadmitted to practice before the Fed. R. App. P. 32(a)(2) requires that the front cover contain:a) The number of the case and any consolidated case still pending at the time of FILING ,centered at the top; b)The name of the court;c) The title of the case (see Cir. R. 12(b)):d) The nature of the proceeding ( Appeal, Petition for Review, etc.) and the name ofthe court, agency or board below; the name of the judge magistrate judge or ) The title of the BRIEF identifying the party or parties for whom the BRIEF is filed ( of Appellant, BRIEF of Appellee (if separate briefs of appellants or appellees arebeing filed, name the individual on the cover of the BRIEF ); andf)The name, address and telephone number(s) of counsel representing the party orparties for whom the BRIEF is filed.

2 Copies of a BRIEF or petition for rehearing must be submitted. Cir. R. 31(b) (except that30 are required for a petition for rehearing en banc.) Cir. R. 40(b). record withdrawn must be returned. See CIRCUIT Rule 11(d). BRIEF must be timely filed. See Fed. R. App. P. 31(a) and Cir. R. 31(a). If scheduledby order, Fed. R. App. P. 26(c), which allows for three additional days after service bymail, does not an appellee on one aspect of the case (as in a cross-appeal) does not eliminate theneed to perform an appellant's duties under CIRCUIT Rules 30(a), (b), (c), and (d), UnitedStates v. White, 888 490 (7th Cir. 1989), regarding the party s own The BRIEF should be clearly readable and the page size, margin and spacing requirementsmust be adhered to. See Fed. R. App. P. 32(a)(4). Rule 32(a)(5) allows eitherproportionally spaced or monospaced type. Proportional type must include serifs for textand footnotes but sans-serif type may be used for headings and captions.

3 ProportionalSEVENTH CIRCUIT BRIEF FILING CHECKLIST type (text and footnotes) must be 12 points or larger. Cir. R. 32. Monospaced type maynot contain more than characters per inch. The typed matter must be set in plainroman style although italics or boldface may be used for emphasis and case names mustbe italicized or underlined. Fed. R. App. P. 32(a)(6). This type size rule applies to briefs,petitions, answers, motions and responses. See Fed. R. App. P. Dot-matrix or fax machine quality reproductions are not acceptable in a BRIEF , petition,answer, appendix, motion or response. Text must be reproduced with a clarity thatequals or exceeds the output of a laser printer. See Fed. R. App. P. 32(a)(1)(B).10. The appellant s or petitioner s opening BRIEF must contain, under appropriate headingsand in the order indicated, the following eleven sections indicated in Fed. R. App. (a); Disclosure Statement, which must be updated if the information contained in itchanges.

4 If updated, it should be entitled an "Amended Disclosure statement." SeeCircuit Rule A table of contents; with page references. Fed. R. App. P. 28(a)(1). table of authorities/cases (alphabetically-arranged), statutes and other authorities-with references to the pages where they are cited in the BRIEF . Fed. R. App. (a)(l).d. A complete jurisdictional statement which complies with Fed. App. P. 28(a)(4) and Cir. R. 28(a). Counsel must consult these rules as they have very specific and detailedrequirements.(i) The appellee must provide a statement that the appellant's jurisdictionalstatement is "complete and correct." If the appellant's jurisdictional statement is notcomplete and correct, the appellee must provide, in full, a complete and correctjurisdictional statement. Merely pointing out an error in the appellant sjurisdictional statement is not sufficient. See Cir. R. 28(b). United States v. Naud,830 768 (7th Cir. 1987) (The appellee is advised to state that the appellant'sjurisdictional statement is not complete and correct).

5 E. A statement of issues presented for review. Fed. R. App. P. 28(a)(5). BRIEF must contain a statement of the case briefly indicating the nature of thecase, the course of proceedings, and the disposition below. Fed. R. App. P. 28(a)(6). BRIEF must contain a statement of the facts relevant to the issues submitted forreview, with appropriate references to the record. Fed. R. App. P. 28(a)(7) and 28(e);Cir. R. 28(c)h. A summary of argument, which must contain a succinct, clear, and accurateSEVENTH CIRCUIT BRIEF FILING CHECKLIST statement of the arguments made in the body of the BRIEF , and which must notmerely repeat the argument headings. Fed. R. App. P. 28(a)(8).i. An argument which must contain: Fed. R. App. P. 28(a)(9)(1) appellant s contentions and the reasons for them, with citations to the authoritiesand parts of the record on which the appellant relies; and(2) for each issue, a concise statement of the applicable standard of review(which may appear in the discussion of the issue or under a separate heading placedbefore the discussion of the issue).

6 If the appellee disagrees, the appellee should setforth its contention as to the correct standard of review in its BRIEF . See Fed. R. 28(b). short conclusion stating the precise relief sought. Fed. R. App. P. 28(a)(10).k. A certificate of compliance with the length requirements of Fed. R. App. P. 32(a)(7)[also see item # 13 of this CHECKLIST ].11. There must be a certificate of service. Fed. R. App. P. 25(d)12. The color of the cover must be as follows: Fed. R. App. P. 32(a)(2).Appellant's BRIEF - BLUE Separate Appendix - WHITE - (10 copies required; no page limitation.)Appellee's BRIEF - REDA ppellant's Reply BRIEF - GRAY Appellant/Cross-Appellee's Combined Reply/Responsive BRIEF - GRAYI ntervenor BRIEF - GREENA micus Curiae - GREEN - (limited to 15 pages or 7000 words.)Appellant's Petition For Rehearing (Or Answer, By Order) - BLUEA ppellee's Petition For Rehearing (Or Answer, By Order) - REDM otions - White - (8 " x 11", 20 page limit) R.

7 App. P. 32(a)(7) requires principal briefs not exceed 30 pages unless it containsno more than the greater of 14,000 words or 1,300 lines of text if a monospaced face isused. Reply briefs must contain no more than half of the type volume specified in RuleSEVENTH CIRCUIT BRIEF FILING CHECKLIST32(a)(7)(B)(i). Briefs submitted under this section of the rule requires a certificate ofcompliance that the BRIEF complies with the volume limitations. NOTE TO USERS OFMICROSOFT WORD Be advised that the word counting feature of Microsoft Wordmay not properly count words in footnotes. Counsel must assure that they count allwords in the BRIEF before certifying compliance with Rule 32. See DeSilva v. DiLeonardi,185 815 (7th Cir. 1999). Briefs less than 30 pages do not require a certificate ofcompliance. Fed. R. App. P. 32(a)(7)(C). BRIEF must be within the volume limitations. Oversize briefs are rarely allowed andonly with prior leave of the court. An oversize BRIEF should not be submitted withoutprior order of the court.

8 Fleming v. County of Kane, 855 496 (7th Cir. 1988).15. If you are FILING an ANDERS BRIEF , it must be accompanied by a separate motion towithdraw and should include the prisoner's identification number as well as his/herplace of incarceration. See CIRCUIT Rule 51(b). of Amicus Curiae must comply with the above requirements of Fed. R. App. P. 32as well as the additional requirements of Fed. R. App. P. must avoidunnecessary briefs or appendices "under seal" is not generally favored and is allowed onlywith prior leave of court. If allowed, parties must file public briefs but may add sealedsupplements if the motion to file under seal is granted. In The Matter Of Grand JuryProceedings: Victor Krynicki, 983 74 (7th ).18. The full contents of the BRIEF , from the cover to the conclusion, and available appendixmaterials must be provided in digital form (upload, CD-ROM or disk). Cir. R. 31(e)(1).Uploading via the internet is preferred. Counsel should see the court s web site, , for Digital version must be in Portable Document Format (PDF) generated by printing toPDF from the original word processing file.

9 Scanned PDF images are not allowed. 31(e)(3).20. A disk or CD-ROM, if used, must be clearly labeled. Cir. R. 31(e)(2).21. The disk/CD must not contain a virus and counsel must verify that the disk/CD is virusfree before submitting it to the If electronic version is not provided, the BRIEF must contain a certification that a digitalversion is not available. Cir. R. 31(e)(1).23. The appellant's or petitioner's main (opening) BRIEF must contain, attached to the BRIEF , a "required short appendix." See CIRCUIT Rules 30(a) and (b).24. Appellant s BRIEF must contain counsel s affirmative statement that all materialsSEVENTH CIRCUIT BRIEF FILING CHECKLIST required by Cir. R. 30(a) & (b) are included in the appendix. Cir. R. 30(d). Falsecertificate under Rule 30(d) is sufficient reason for substantial fines or summaryaffirmance. Untied States v. Rogers, No. 01-2097, slip op. at 14-16 (7th Cir. Oct. 25,2001); In re: Mix, Disciplinary Case D-134, 901 143 (7th Cir.)

10 1990); Mortell , 887 1322 (7th Cir. 1989).25. The appendix must not contain copies which have notations or underlining ondocuments or court opinions, Allen v. Seidman, 881 375, 381 (7th Cir. 1989), andgenerally should not contain fax copies of documents. Two sided copies of documentsshould not be inserted in an appendix. All documents must be on single sided R. App. P. 32 (b)26. The appendix must not contain the Presentence Investigation (PSI). Although counselmay have a copy in their possession, the material is confidential and should not beduplicated. Counsel should ascertain if the original sealed PSI has been transmitted tothe court as part of the record on appeal. determination of the issues presented requires the study of statutes, rules,regulations, etc. or relevant parts thereof, they shall be reproduced in the BRIEF or in Citations of supplemental authority require an original and ten copies of the authorityand accompanying letter.